“无讼”思想对当下法律实践的启示

在中国古代各家学说中大多有“无讼”的思想。这种思想自儒家被确定为主导思想后，对于后来的司法执法产生了深远的影响。今天它对社会的和谐、矛盾的解决以及司法成本的节约等方面仍然有着积极而现实的作用。但其不利法律信仰的形成、权利观念的培养等负面的影响也不容否定。

The Enlightenment on Current Law Practice of the Thoughts of Non-litigation

There was a thought of ＂non-litigation＂ in almost every theory of ancient times in China. This kind of thought had enforced the law and exerted a far-reaching influence on the administration of justice and since the Confucianism was formed as the mainstream thought. It still exrets positive and practical influence on various aspects such as social harmony, settlement of contradiction and restraint of judicial cost. But its side effects are also undeniable. It is unfavorable to the formation of legal faith and the cultivation of the concept of right.